Recording Laws & Procedures

RECORDING LAWS AND PROCEDURES

There are laws and procedures to follow before you can record anyone’s conversation.  Most states require that the person must be aware and agree to being recorded.  Always ask if you can record the interview.  If they say yes, then as soon as you turn on the recorder you must verbally explain what’s happening.  For example it could start off:

“This is officer Bob Scott, then give the date, then give the time, give the exact location where the recording is taking place, identify everyone who was present.  Then ask them if they understand their being recorded .  If they say yes , then say: let the record reflect that the witness and/or victim, use the names, agree to being recorded.  Then begin the interview.

MIRANDA RULE

All law enforcement officers must advise suspects of their legal rights prior to questioning.  That procedure is known as the Miranda Rule.  The Miranda Rule does not apply to security officers unless they have arrest authority and even then the law is not always clear.

  HEARSAY

Hearsay is information told to someone by another person.  Even though hearsay that a witness or a victim tells you is not admissible in court, document it anyway.  It could be useful in a follow-up investigation.

 

  WHEN NOT TO INTERVIEW

When police are interviewing victims or witnesses, that is not the time for you interfere and try to interview.  Ask the police officer if you can be of assistance.

Just because you didn’t actually conduct the interview yourself you still have to make an incident report.

  DO NOT HAVE ALL THE FACTS

You probably won’t have all the facts, had you conducted the interview.  Fill in your incident report with the facts that you have so that the client and your supervisor will at least have some information until later when they get a copy of the police report.

  WHEN NOT TO INTERVIEW

It’s also not a good idea for security officers to interview with someone who is actually irrational and is high on drugs or mentally ill. Leave that to the police.

  FALSE STATEMENTS

Never encourage a witness to make false statements.  That would put you on a direct path to jail.

If you think a witness or victim is given you a false statement take the information anyway and give your suspicions to your supervisor or the police if it involves a crime.

 

  INCIDENT REPORT

An incident report statement should be like a word picture of the events as they occurred.  It is the finished product on display of your work and your professionalism.

Be sure that you are satisfied that the witness or victim have told you everything that they know before making your incident report .

Now you can see just how important knowing how to interviewing is.  Use the information to enhance your interview techniques in the field.